Section 70 in Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016
70. Inspection of minerals in transit and its weighment.
(1)Every owner or person in-charge of a vehicle shall carry with him a valid challan in triplicate with date and time of dispatch containing necessary particulars in respect of the mineral carried and shall produce the same before any in-charge of a check post or barrier or other officer empowered in this behalf.(2)All vehicles transporting mineral shall stop at the check post/ barrier installed by the department and shall present the authenticated challans in triplicate to in-charge check post/barrier.(3)The in-charge of every check post or the barrier shall after verification of challans put his signatures with date and time and retain one copy of the challan and record the details of the challan in the register maintained at the check post in Form B. Duly authenticated challans in Form A shall only be retained at the 1st check post falling on the route of transit.(4)If the in-charge of the check post or any other officer mentioned in sub-rule (2) above has a reason to believe that royalty has been evaded in respect of any mineral, such officer/official may require the owner or person in-charge of the carrier to pay an amount equal to 10 times the amount of royalty payable on the mineral in accordance with Schedule-I.(5)Where on weighment or by measurement it is found that the entire quantity of mineral is not covered by the challans, the amount of royalty on such difference, shall be recovered by the in-charge of the check post alongwith cost of the mineral on spot.(6)The in-charge of the check post or the barrier or the officer empowered shall have the power to seize and confiscate any mineral which is under transit by a carrier and dispatch of which is not covered by a valid challan, if the owner or person in-charge of the carrier refuses to make payment as required :-(i)the in-charge of the check post or the barrier or any officer empowered in this behalf shall give a receipt of such mineral seized by him to the person from whose possession or control it is seized ; and(ii)the in-charge of the check post or any officer empowered may direct the person in-charge of the carrier to carry the mineral to the nearest police station or check post or barrier of the department :Provided that if the person in-charge of the carrier refuses to carry the carrier to the nearest police station or check post/ barrier of the Department, in-charge of the police station or check post or the barrier may seize the carrier and take the same in possession.(7)Whenever an order of confiscation in respect of mineral seized is made by an officer empowered by the Director in this behalf such officer/ official shall give an option to the owner or in-charge of the vehicle to pay an amount equal to 10 times of royalty in view of such confiscation. In case of failure of the owner or person in-charge of the carrier to exercise such option the confiscated material may be disposed off by the confiscating officer/official or any other officer authorized in this behalf by public auction or direct sale at the rate prevalent in the market :Provided that no such mineral confiscated shall be disposed off by the confiscating officer/official or any other officer authorized in this behalf before 48 hours of such confiscation and till that time option shall remain with the owner or person in-charge of the carrier to carry the mineral after paying the cost of the mineral.
